Order Setting Telephonic Hearing From Relief From Stay (Judge Morgan) Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Order Setting Telephonic Hearing From Relief From Stay (Judge Morgan) Form. This is a California form and can be use in USBC Northern Federal.
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UNITED STATES BANKRUPTCY COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
In re
Case No.:
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R.S. No.:
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Chapter 13
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Order Setting Telephonic Hearing
For Relief From Stay
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IT IS HEREBY ORDERED that a preliminary hearing will be held telephonically on
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___________________ at _____ _.m., or as soon thereafter as the matter may be heard, to consider the attached
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motion for relief from stay. This Order modifies Bankruptcy Local Rule 4001-1 by requiring telephonic, rather
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than personal appearances, by the parties on a motion for relief from stay. The moving party shall complete the
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information in this Order, serve a copy of this Order with the moving papers, and file all pleadings as well as
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proof of service, at least fifteen days prior to the noticed hearing date.
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Moving party shall pay the cost of the telephone conference with Court Conference (1-866-582-6878).
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Court Conference will place telephone calls to __________________________________ , counsel for moving
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party, at __________________ and to _________________________________, counsel for the debtor, at
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_________________. (Use an office telephone number for counsel or a home telephone number for a party.)
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If incorrect, debtor’s counsel or the debtor, if self-represented, shall provide the correct number or an alternate
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number to Court Conference no later than 24 hours in advance of the hearing. At any continued hearing the
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parties are required to notify Court Conference no less than 24 hours in advance of any change in the telephone
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number. If the parties seek a continuance of the telephonic hearing, notice must be given to the calendar secretary
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no later than 48 hours prior to the scheduled hearing. Any questions regarding procedures for the telephonic
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hearing may be directed to Court Conference at 1-800-538-7633.
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The parties shall, in good faith, confer before the hearing regarding the issues raised by the motion and
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resolution of the motion. If debtor’s counsel or the debtor does not appear telephonically, the Court may presume
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there is no opposition to the motion. If either counsel or the parties abuse the process for telephonic hearings,
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the Court may order sanctions, which may include removing the matter from the calendar, granting relief from
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the automatic stay, or awarding monetary sanctions, as appears just under the circumstances.
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/s/ MARILYN MORGAN
UNITED STATES BANKRUPTCY JUDGE
Rev. 06/10/2008
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